Also known as:FRCP 65(a) · Fed. R. Civ. P. 65(a) · Rule 65(a)(1) · Rule 65(a)(2) · preliminary injunction · temporary restraining order
Written by attorneys · grounded in primary & secondary sources — see below
A procedural rule providing that a court may issue a preliminary injunction only on notice to the adverse party.
Sources & Authorities
How it applies
Common Examples
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TRO Lacks Required Elements
Ralph Richardson sought an ex parte temporary restraining order against Reliance Insurance to halt an immediate policy cancellation that would strand perishable shipments. The court issued the order at 2 a.m. but omitted the issuance time, any description of irreparable injury, an explanation for proceeding without notice, and an expiration date. The order was not filed until Monday. Reliance Insurance later moved to dissolve the order on the ground that it failed to satisfy the governing requirements for orders issued without notice.
Partnership Seeks Injunctive Relief
Ravi Reddy, a limited partner, filed a derivative action against Riverfront Developments alleging self-dealing by the general partner. The partnership appointed a special litigation committee to investigate. Reddy moved for a temporary restraining order to freeze disputed distributions pending the committee report. The court considered whether to grant the requested extraordinary relief.
Select any source to read its text and confirm it supports the definition.
Statutes
Federal Rules
Uniform Acts
Study Supplements
Injunction Request Without Notice
Rita Russell moved for a preliminary injunction against Rising Sun Electronics to prevent the sale of allegedly infringing components. The motion was filed and served the same day as the complaint. The court declined to consider the motion until Rising Sun Electronics received formal notice and an opportunity to respond.
Security Requirement for Injunction
Roberto Reyes sought a preliminary injunction against Rhapsody Entertainment to stop an allegedly unauthorized concert tour. The court conditioned any injunction on Reyes posting a bond in an amount sufficient to cover costs and damages if the restraint proved wrongful. The United States was not a party and therefore not exempt from the security requirement.
Buffer Zone Injunction Reviewed
Ruby Rivera obtained a preliminary injunction establishing buffer zones around a health clinic to protect patients from protesters. The injunction imposed specific distance and noise restrictions. The court evaluated whether the chosen measures were content neutral and narrowly tailored to the demonstrated harms.
Madsen v. Women’s Health Center, Inc.512 U.S. 753 (1994)
Desegregation Order Scope
Raymond Ramos challenged a district court order requiring interdistrict busing to remedy segregation in multiple school districts. The order imposed obligations on districts that had not themselves engaged in segregative acts. The reviewing court examined whether the remedy was limited to the constitutional violation proven.
Milliken v. Bradley418 U.S. 717 (1974)
Common questions
Frequently Asked
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What notice must a movant provide before a court may issue a preliminary injunction?+
The court may issue a preliminary injunction only on notice to the adverse party. This requirement ensures the opposing side has an opportunity to be heard before coercive relief is granted.
Must a temporary restraining order issued without notice contain specific findings?+
Every temporary restraining order issued without notice must state the date and hour it was issued, describe the injury and why it is irreparable, explain why the order was issued without notice, and be promptly filed. The order expires no later than fourteen days after entry unless extended for good cause.
When is security required for a preliminary injunction or temporary restraining order?+
The court may issue a preliminary injunction or temporary restraining order only if the movant gives security in an amount the court deems proper to pay costs and damages sustained by any party wrongfully enjoined. The United States and its agencies are exempt from this requirement.
How does Rule 65 interact with derivative actions in limited partnerships?+
A limited partnership may appoint a special litigation committee to investigate claims and determine whether pursuing the action serves the partnership's best interests. The partnership may seek extraordinary relief in the form of a temporary restraining order or preliminary injunction in connection with that determination.
518 U.S. 515 (1996)Constitutional Law
…Board of Education announced a program to establish three boys-only schools for inner-city youth; it was met with a lawsuit, a preliminary injunction was swiftly entered by a District Court that purported to rely on Hogan , see Garrett v. Board of Ed. of School Dist. of Detroit , 775 F. Supp. 1004, 1006 (ED Mich. 1991), and the…